Tennessee Chancery Court Judge Patricia Head Moskal on Monday ordered a temporary injunction to reverse Governor Bill Lee’s decision to deploy the National Guard as part of the Memphis Safe Task Force, writing that the far-left legal groups behind the lawsuit are likely to succeed at proving their claims that the deployment overstepped Tennessee state law.
Determining the plaintiffs were likely to obtain a favorable ruling in response to their argument that Lee exceeded his authority as governor under Tennessee Code 58-1-106(a), Moskal wrote, “The ongoing problem of violent criminal activity, however serious, does not constitute the type of ‘grave emergency’ or ‘disaster,'” specified in the law.
She additionally ruled that the plaintiffs have a good chance of proving their claim that Lee exceeded his authority under the Tennessee Constitution by activating the National Guard, called the state’s “militia” by the plaintiffs and Moskal, because there was no invasion, insurrection, or rebellion before his decision.
However, Moskal said the plaintiffs were unlikely to prove their similar claim under Tennessee Code 58-1-301 because she said the term “militia” is not synonymous with the National Guard or the Army.
“Plaintiffs contend that the National Guard constitutes the ‘militia’ and that Tenn. Code Ann. § 58-1-301 requires advice and consent of the General Assembly before the Governor may deploy it,” wrote Moskal. “The statutory definitions, however, distinguish the ‘militia’ from the ‘army.’”
Local counsel for the plaintiffs is the Nashville-based law firm Sherrard Roe Voigt and Harbison, which also represents Kilmar Abrego Garcia, the alleged human smuggler from El Salvador. Other attorneys representing the case are affiliated with the Washington, D.C.-based organizations, Democracy Forward and the National Immigration Law Center.
Plaintiffs included Shelby County Mayor Lee Harris, two Shelby County commissioners, a Memphis City Councilman, State Senator Jeff Yarbro (D-Nashville), and State Representatives G.A. Hardaway (D-Memphis) and Gabby Salinas (D-Memphis).
Moskal appeared to anticipate an appeal when writing her order. It notes that an appeal must be filed after the plaintiffs pay a $50,000 bond, which will trigger a five-day countdown for the injunction to take effect.
State Representative Brent Taylor (R-Memphis) described the judge’s injunction as “clueless” in a social media post and said that Tennessee Attorney General Jonathan Skrmetti will appeal the decision.
“Fortunately, she will not be the final say on this issue. I have spoken to the Attorney General’s office and an appeal will be forthcoming,” wrote Taylor. “As is usually the case with decisions from activist low-level chancellors, I fully expect this ruling to be overturned on appeal.”
U.S. Senator Marsha Blackburn also confirmed that Skrmetti will appeal the decision in a Tuesday post on X.
“An activist judge in Nashville has blocked the deployment of the National Guard into Memphis, claiming the crime rates are not a ‘grave emergency,’” wrote Blackburn. “She should tell that to the countless families who’ve lost loved ones to violent murder. I’m glad [Skrmetti] will be appealing.”
National Guard soldiers did not deploy to Memphis until October 10, more than one week after the Memphis Safe Task Force deployed to the city. More than 500 arrests were made prior to the deployment. According to the City of Memphis, National Guard soldiers provide, “extra ‘eyes and ears’ in our neighborhoods, assisting local, state, and federal agencies.”
The city has reported 2,806 arrests since the deployment began on September 30. Of these arrests, 1,208 were for felony offenses, and 1,598 were misdemeanors. Authorities have also served 886 warrants, including 481 for violent offenses.
In October, President Donald Trump credited the task force with a nearly 50 percent decrease in reports of serious crime. The decrease has continued into November, with the city experiencing a 45 percent reduction in such police calls compared to 2024 and a 19.7 percent decrease in total calls for a police response.
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Pennsylvania Daily Star and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Photo “Tennessee National Guard Members” by Tennessee National Guard.
Another radical leftist judicial tyrant that thinks they can set national policy.
Why are Democrats Hell bent on allowing criminals to run amock in Memphis?